Index Archive

10 June 2017

Supreme Court No Importance to Privacy must link Aadhaar to IT returns As per the amended IT law, quoting of Aadhaar or enrolment ID of Aadhaar application form is compulsory for filing the returns and applying for PAN from July 1, 2017.

CPI leader Binoy Viswam had filed a petition with the Supreme Court of India opposing the government’s move to make Aadhaar mandatory. He had contended that the Centre cannot "belittle" the apex court's 2015 order holding the unique identification number as voluntary.

The bench had earlier said that Aadhaar was voluntary and cannot be made mandatory for filing returns or getting a PAN.

A Supreme Court bench comprising Justices a K Sikri and Ashok Bhushan had on May 4, 2017 reserved the verdict on the pleas, challenging section 139AA of the Income Tax (I-T) Act, which was introduced through the latest budget and the Finance Act, 2017.

What is section 139AA of the Income Tax Act?The Section 139AA “provides for mandatory quoting of Aadhaar / Enrolment ID of Aadhaar application form, for filing of return of income and for making an application for allotment of Permanent Account Number with effect from July 1, 2017.”

On Friday, Supreme Court of India upheld a law that makes it mandatory for Aadhaar-card holders to give their identity numbers while filing income tax returns and applying for permanent account number (PAN).Aadhaar is mandatory if someone wants a fresh PAN card.Those who have applied for Aadhaar but are yet to get the number are also required to provide the enrolment details while filing their IT returns.

The court said there was no conflict between the provision of the IT Act and the Aadhaar Act, which says enrollment is voluntary. It accepted the government argument that the purpose behind making Aadhaar compulsory under the IT Act is to curb black money, money laundering and tax evasion.

Apex Court said the government cannot force people to procure Aadhaar for filing IT returns until the main case challenging its validity is decided by a constitution bench.

The Supreme Court of India said that it has not addressed privacy concerns over the scheme and said it will be decided by a separate constitution bench.

But above judgement clearly shows or gives zero importance to privacy concerns of Indian citizens.

Now after one week or few weeks if Supreme Court of India says Privacy is important and cannot link or make it compulsory to link Pan with Aadhaar what will happen?It says it must be optional then what will happen

Because of this current judgement now majority Indians will link their Pan Card with their Aadhaar Card.

Majority Indians already got Aadhaar Card as we need Aadhaar Card if we want any facilities or subsidies given by government of India.

Supreme Court of India Judgement said it is mandatory to link Aadhaar with PAN if one is in possession of Aadhaar Number or if he has applied for Aadhaar.

Government got hundreds of other methods to curb and control black money.

Currently Government of India is making compulsory Aadhaar for everywhere Supreme Court of India needs to stop government from making it compulsory everywhere.Today you may praise this judgement but after 10 or 20 years when Aadhaar Data will get hacked and it will go into hands of Pakistan or China or Terrorist then you will realize the importance of Privacy.

Remember Nothing is safe when data gets importance only then hackers turn to that data.Today India is poor nation but after 10 or 25 years India will become Rich and then this data will attract the attention of brightest minds from all around the world.

Only an intelligent and hardworking person can become a good hacker or a bad hacker and nothing is impossible for them even hacking NASA or Trump or Aadhaar database.

Aadhaar Data will end up making every Indian citizen a slave of a government agencies and elected politicians.